Common use of Cost and Direction Clause in Contracts

Cost and Direction. ‌ (a) The Performance Tests shall be conducted by and under the direction of Seller. Buyer will cooperate with Seller’s reasonable requests in connection with the Performance Tests, but shall not be required to provide any materials, electricity, fuel, water or stores. (b) Seller shall provide all materials, electricity, fuel, water and stores, and all personnel necessary to supervise startup and the conducting of the Performance Tests and shall provide all necessary technical assistance and advice in connection with the Performance Tests. Except as approved by Buyer in writing, Seller shall not use personnel in excess of the normal contingent of Plant operations staff to operate the Plant during the performance tests. During training and conducting the Performance Tests Buyer’s operating personnel shall be working under the technical direction and instruction of Seller and Seller shall be responsible for the accuracy of its instructions/directions provided to Buyer’s operating personnel.

Appears in 3 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

AutoNDA by SimpleDocs

Cost and Direction. (a) The Performance Tests shall be conducted by and under the direction of Seller. Buyer will cooperate with Seller’s reasonable requests in connection with the Performance Tests, but shall not be required to provide any materials, electricity, fuel, water or stores. (b) Seller shall provide all materials, electricity, fuel, water and stores, and all personnel necessary to supervise startup and the conducting of the Performance Tests and shall provide all necessary technical assistance and advice in connection with the Performance Tests. Except as approved by Buyer in writing, Seller shall not use personnel in excess of the normal contingent of Plant operations staff to operate the Plant during the performance tests. During training and conducting the Performance Tests Buyer’s operating personnel shall be working under the technical direction and instruction of Seller and Seller shall be responsible for the accuracy of its instructions/directions provided to Buyer’s operating personnel.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement

Cost and Direction. (a) The Performance Tests shall be conducted by and under the direction of SellerContractor. Buyer Company will cooperate with SellerContractor’s reasonable requests in connection with the Performance Tests, but shall not be required to provide any materials, electricity, fuel, water or stores. (b) Seller Contractor shall provide all materials, electricity, fuel, water and stores, and all personnel necessary to supervise startup and the conducting of the Performance Tests and shall provide all necessary technical assistance and advice in connection with the Performance Tests. Except as approved by Buyer Company in writing, Seller Contractor shall not use personnel in excess of the normal contingent of Plant operations staff to operate the Plant during the performance tests. During training and conducting the Performance Tests BuyerCompany’s operating personnel shall be working under the technical direction and instruction of Seller Contractor and Seller Contractor shall be responsible for the accuracy of its instructions/directions provided to BuyerCompany’s operating personnel.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Contract

AutoNDA by SimpleDocs

Cost and Direction. (a) The Performance Tests shall be conducted by and a Buyer-approved third party, under the direction of Seller. Buyer will cooperate with Seller’s reasonable requests in connection with the Performance Tests, but shall not be required to provide any materials, electricity, fuel, water or stores. (b) Seller shall provide all materials, electricity, fuel, water and stores, and all personnel necessary to supervise startup and the conducting of the Performance Tests and shall provide all necessary technical assistance and advice in connection with the Performance Tests. Except as approved by Buyer Xxxxx in writing, Seller shall not use personnel in excess of the normal contingent of Plant operations staff to operate the Plant during the performance tests. During training and conducting the Performance Tests Buyer’s operating personnel shall be working under the technical direction and instruction of Seller and Seller shall be responsible for the accuracy of its instructions/directions provided to Buyer’s operating personnel.personnel.‌

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!